Victim’s dad wants Gary Sampson back on death row

A federal judge rules admitted killer Gary Lee Sampson did not get a fair death penalty trial, but the father of victim Jonathan Rizzo of Kingston says he’s determined to see the killer pay the ultimate price for his crimes.

Michael Rizzo says he is ready again to face the man who brutally murdered his 19-year-old son, Jonathan, more than a decade ago.

“I am certainly not backing away from the challenge Judge (Mark) Wolf has given us,” Rizzo said in a telephone interview.

Since January 2004, Gary Lee Sampson has been awaiting execution for the slayings of former Quincy resident Philip McCloskey, 69, and Rizzo, a college student from Kingston.

The 51-year-old Abington native won a battle for his life Thursday when a federal judge ruled he should get a new trial.

In a 110-page decision, U.S. District Court Judge Mark Wolf stated that Sampson was “denied his constitutional right to an impartial jury” and tossed out his death-penalty conviction.

Wolf, who presided at Sampson’s trial, said Sampson was “entitled to a new trial to determine whether the death penalty is justified in his case.”

The ruling pertains to Sampson’s sentence, not the finding of guilt.

The judge’s decision came as a result of a court hearing in November that found a juror intentionally lied on a questionnaire after being summoned for jury duty in September 2003.

“I am very frustrated but not surprised that the judge used a flimsy excuse to overturn a jury who made a reasonable decision,” Michael Rizzo said. “It’s been on his agenda for six years to overturn this verdict.”

The juror, who was not identified, failed to reveal information regarding a 2000 domestic dispute with her husband in which he allegedly threatened to shoot her with a rifle or shotgun. She also left out the fact that her daughter’s drug abuse led to a prison sentence.

“Her motive for answering dishonestly relates to her ability to decide the case solely on the evidence, and therefore, calls her impartiality into question,” the judge stated.

In sentencing Sampson in January 2004, Wolf called the murders “despicable” and the death penalty warranted because of the irreparable harm Sampson inflicted on the victims and their families.

“It has now been proven that Sampson did not receive the fair process that the Constitution guarantees every man no matter how despicable his conduct,” the judge wrote.

Two other jurors were also questioned about their questionnaires, but their “unintentional” errors did not merit ordering a new trial for Sampson, according to the judge.

The U.S. First Circuit Court of Appeals upheld the death sentence a jury imposed on Sampson for the July 2001 murders of McCloskey, a Taunton grandfather, and Rizzo. Both were stabbed 15 or more times.

After the two murders, Sampson drove to New Hampshire and strangled Robert “Eli” Whitney, 58.

In 2008, the U.S. Supreme Court refused to hear arguments in the case.

Sampson had confessed to the carjacking murders of McCloskey and Rizzo with the hope that prosecutors would not seek the death penalty and he would receive a life sentence without the chance of parole.

Page 2 of 2 - “Gary Lee Sampson has admitted to the cold-blooded murders of Philip McCloskey, Jonathan Rizzo and Robert Whitney,” U.S. Attorney Carmen Ortiz wrote in a statement released shortly after the judge’s ruling. “Today’s order does not change that fact. We strongly believe that the jury rendered the appropriate sentence in this case.

“Today, our thoughts are with the victims’ families and we will meet with them to discuss this matter. We remain committed to seeing that justice is done. The victims, their families and the public deserve no less.”

Ortiz said federal prosecutors are reviewing the judge’s order before deciding what to do next.

Ortiz’s predecessor, former Plymouth County District Attorney Michael Sullivan, decided to prosecute Sampson under the federal carjacking statute that allows for the death penalty. Then-President George W. Bush appointed Sullivan, of Abington, U.S. attorney for Massachusetts in 2001.

Sullivan, who is now in private practice, said his initial reaction after learning about the judge’s ruling was one of sadness for the victims’ families.

“Once again, they have to deal with tremendous disappointment in the justice system,” Sullivan said. “Gary Lee Sampson committed three horrible, horrible murders. All mitigations were raised in his behalf. The judge bent over backwards to ensure his rights, and then some. At the end of the day jurors based their decision solely on the evidence.”

Sampson’s trial lawyers tried to persuade jurors to spare Sampson’s life because he was mentally ill.

The attorneys handling Sampson’s appeal later argued that his original defense team could have done more to show the jury that brain damage Sampson suffered led to his behavior.